What diligence sufficient. - Effect of partial interruption.
William Ross v. Patrick Elliot
Date: 25 July 1627 Case No. No 404.
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In an action of registration pursued by William Ross against Patrick Elliot, to hear and see a bond of 100 merks granted by the defender's father anno 1584 30th May, to the pursuer, registered against him as heir to his father; excepted, That the bond was prescribed, in respect that the summons was dated the 28th of May 1624, two days allenarly before the expiration of 40 years, and the day of compearance was long after. Replied, That this citation was a sufficient interruption. The Lords found the exception relevant.
Spottiswood, (De Præscriptione & Usucapione.) p. 236.
